Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-09
DEBRIS STORAGE DAMS.
The Walrath Bill and Some of the OBJ
jections Against its Passage.

The Wairatb Bill and Some OF the OBJ
jections Against its Passage.
Senate bill No. 81, which will come up in |
a few days for action in the Senate, is in |
imical to the agricultural interests of the |
State. 1t has not-as measure Of public |
the consideration of our
agricultural representatives. They do not
seem to be alive to the farmers interest as |
being identical with their own.
Section l of the proposed Act provides !
for the incorporation of persons or corpor-
atoms under the general laws of this State,
as far as applicable, to build dams and
other works of restraint, and impound |
mining debris carried into or down any
stream by the water appropriated by
them
This is most evasive provision. We
plain farmers would ike TO know why il is
necessary to get special act Of the Legis
lature to allow hydraulic miners TO incor-
porate. The reason seems to he that the
general laws of the State, "as far as apple
able, will not license men or corporations
to carry on private enterprise to the injury
OF other interests. Hydraulic mining has
been condemned by every judicial tribunal
in the land. The Courts of Iast resort
have passed on it. The executive advisors
of the nation are in the fullest accord with
the law. In the face of these facts, is not
such an effort as the bill in question
puerile attempt to temporarily legalize an
illegal and vicious calling. Must these
dam building corporations have q special
legislative license in order to successfully
carry out their calling?
Section I nrovi1es also that sites for sllcb
restraining dams he subject to condemna
ton, like private property 'for public use
This is new departure, and rather high
handed proceeding. Are these dam-build
ing corporations, then, to be public bene-
ficiaries? Is it to the interests of the pub
lie to have the upper tributaries of our
streams clogged and oblterated by mining
debris? VIII we farmers cali it a benefit
to be continually menaced by the fear that
these artificial dams may give way during
any stage of high water and precipitate
their millions OF yards of mud into our
water ways?
Let the supporters of this bill come up
and instruct us ruralists in measures of
public expcdiency for private ends" 1t
might be well TO suggest that Henry
George would be a proper person to advo-
cate such radical ends. Mill might give us
a dissertation on personal liberty for hy-
draulic miners, to be secured py legislative
enactment, and Adam Smith might give us
reasons why private lawlessness might in
ure to public benefits. But ii is We'll for all
to remember that no Legislature can sub
vert justice.
The last line of Section l provides that
no dam shall be erected i'll or upon any
navigable stream in the State" Our
Courts have already announced this doc
trine, and they have also added Nor in
the headwaters nor in any tributaries of
any streams of the State" Let Mr.. Wal
rath ascertain which branch of our Federal
organization pronounces upon statutory
laws.
Section provides for the recording in
the several interested counties of the de
scription of the water rights and ditch
property owned by" said corporations.
In Section it is provided that this prop
erty shall be and remain subject to the
payment of the debts CT the corporation
All such recorded property would be
nominally valueless as soon as the hy-
draulic mines were epjoined. The Cher
okee Gold Mining Company" of Oroville
is point in explanation. The stock in
this company mounts up into the millions
yet San Francisco bank has caused ces-
sation Of work for the inability to recover
$50, 9,000-a "mere bagatelle to the infa-
ZIONIST hydraulic miner.
Section further provides that no cor
poratiOns shall dump into the streams
above said dams, except that they are
shareholders in the enterprise. The word
ing of the bill conveys a license to all
stockholders to dump into the streams even
before the dams were completed. 1t would
have been more TO the point if a committee
of valley men had been authorized 10 pro-
nounCe on the safety of the dams
Section 3 provides for pro rata distribu-
ton of the stock among the shareholders
to be based upon the number of inches Of
water used by each. Well and good but
does Mr.. Walrath propose that. in case we
sue for damages, each Of those water or
mining companies can be held accountable
for like pro rata of damages. We think
not. They will set up the old familiar
plea" We are all implicated; you can't
apportion the damages justly; therefore,
you must let us all go" Let this provision
of pro rata liability and responsibility be
incorporated as q reasonable part of an in
congruous whole.
Section 5 provides for leyying and col
lecting assessments; also that 10 per cent.
of said assessment would constitute sink
ing or probationary fund This is a mag
unanimous allowancei Fifty per cent. OIL
the subscribed stock invested in u S. bonds
would not be adequate security for the
property and interest at the mercy of these
dam companies 1t is also provided that
before these sinking funds can become
available a special Act must be passed
through the Legislature. 1t is, or would
seem advisable, that a section be incorpo-
rated in this measure instructing the Gov
ernOr that he must be prepared at anv
60, gnll CtNn
the hydraulic mining interest seem to in
dicate that an extraordinary occasion has
arisen"
Section provides that all dam corpora
tions are to be liable for all damages thev
may cause. Well and good. But what If
these corporations have no tangible and
convertible property a judgment of
Court against them would not be intrinsi-
caly worth the engrossing ink. The pro-
vision is about as satisfactory TO us valley
men as a frozen watermelon would be to a
South Carolina darkey at Christmas time
Section provides only for a retention of
all except suspensionary matter. More
than 20 per cent. OF all mining debris
reaching our valleys and causing damages
are suspensionary, and etery inch Of I'll III
The Bay Of San Francisco tras caused b., slts-
penSi0adry matter As soon as the mud
ldhGii NdltlS VI Int llN q GOlllt III CODtdGl
with the salt water, the suspensionary mat
ter is deposited.
ANY bill or measure that proposes to let
the suspensionary matter pass is not appli-
cable to the situation, and there is no evad- |
ing the point that hydraulic miners must
restrain all Of their debris Farmers are
decided on this point. The law is with US
openly. The interests of our State are
against you, and the Federal Government |
demands that the Bay of San Francisco be |
polluted and injured no further. There is |
no use Of trying to evade this point. No !
State Legislature can license any such ma |
licious use of the waters. There used TO |
be tide of one and one-half feet at Sacra- |
mento The docks at Benicia could be ap- |
preached by the largest seataring vessels. |
The whole area of the bay has been filled |
from ten to twenty fetal by suspension |
ary matter. And yet this substitute for
bill No. 81 proposes to indefinitely license |
this sending down Of suspensionary a,Gttcr |
to further pollute our hai Dor. There can